The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-07-31
COMPLAINT.
To the Judges Of the Supreme Court o
Utah:

COMPLAINT.
To the Judges of the Supreme Court Of
Utah:
The plaintiff. the United States of
America. by George s. Peters, the
United States Attorney for the Territory
aforesaid, who brings this suit by direc-
ton of Augustus H. Garland, Attorney
General of the United States, brings
this its bill of complaint against the
corporation known and claiming to ex-
ist as the Perpetual Emigrating Fund
Company, and Albert Darlington, late
president, and f. D. Richards, f. Nj.
Lyman, Il. S. Eldredge, Joseph F.
Smith, Angus NJ. Cannon, Moses
Thatcher, John r. Winder, Henry Din
woodey, Robert T. Burton, A. o. Smoot,
II. B. Clawson, late assistants, being
the late officers of the Perpetual Emi
grating Fund Company, which was or
claimed to be, and exercise d the powers
of corporation created, organized and
existing under and by virtue of an or
dinance ofthe Provisional State OF Des-
eret, re-enacted and ratified By the
Legislature of Utah; and, therefore, the
plaintiff complains and says:
The first to the fourth allegations In
the complaint set forth the incorporat
ing, by act of the Territorial Legis-
lature, of the'P P. E. Company, an associ-
ton for charitable purposes, and the
objects and officers of the organization
Fifth-That the said corporation
known as the Perpetual Emigrating
Fund Company, acting and assuming
to act under and in pursuance of the
powers contained in its charter, by gift,
donation, purchase or otherwise
acquired. and obtained since the first
day of February, 1887, held and owned
large amounts of property, real and
personal, goods, chattels, effects. &C
counts, obligations, bonds, mortgages,
and assets, the precise value and des-
cription of which the plaintiff is unable
to state, but asks leave to prove. which
on information and belief are
of the value of about $1,000, COO.
Sixth That on the 18th day of Feb
ruary, 1857, the Congress of the United
States passed an act by which the or
dinance of the Provisional State of
Deseret, as re-enacted and amended by
the act of the Legislature of the Terri
tory of Utah, was disapproved, annulled
and repealed, and the corporation of
the Perpetual Emigrating Fund Com
pany was dissolved, and all its property
and assets in excess of the debts and
the amount OF any lawful claims estab-
llshed by the courts against the same,
were escheated to the United States.
SeVenth-That notwithstanding the
repeal Of the charter and the dissolu-
tlon OF the corporation of the Perpetual
EmIlgrating Fund Company, as stated
ana referred to in the sixth paragraph
OF thus complaint. the said corporation
ana the officers aforesaid still claim
70 mold and exercise the powers con-
famed IN its alleged character, and to
mold and dispose of the property and
aSSets which, on the 18th day of Febru-
aTy' 1887, were held and owned by said
aHeged corporation, wrongtully and IN
lawfully.
Eighth-That since the 18th day OF
February, 1887, there has been and is no
person lawfully authorized to take
charge of, manage, preserve or control
the property and assets which were of
the corporation of the Perpetual Emil
grafton Fund Company, and by reason
thereof all the property and assets
winch had been held, owned or pos
s'ssed by the said alleged corporation
On the 18th day OF February, 1887. is
subject to irreparable and irremediable
loss and destruction.
PRAYERS.
These are the same as in the suit
against the church, with the exception
of the change OF name where necessary.
The document is signed by George ;,
Peters. United States Attorney for Utah,
and A H. Garland, Attorney General
of the United States.
ORDER OF COURT.
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